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Truck Accident Law
A competent lawyer for truck accidents has in-depth knowledge of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will search for and uncover evidence like maintenance records of the trucking company that may be evidence of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who's at fault in your case and help you recover for your injuries.
1. Driver injured or fatigued
When a passenger vehicle encounters a truck, the most efficient way to determine who is at fault is to review the driver's actions and mannerisms. A truck accident lawyer can use surveillance footage and witness testimonies to determine the driver who is at fault.
A lot of places are equipped with surveillance cameras, including the majority of interstates and interchanges, as well like some gas stations, hotels, restaurants, and other establishments. This evidence can be utilized by a truck accident lawyer to determine a potential defendant, especially if the driver was distracted or unobservant at the time of the incident.
In cases of truck accidents it is possible that the driver was fatigued or even injured at the time of the accident. A thorough examination of the driver's road logs will reveal if they slept too long without sleep or failed to follow Motor Carrier Safety Regulations that restrict the time truckers are allowed to spend on the road and demand regular rest breaks.
The trucking company could also be held accountable for negligent acts of their employee. A improper hiring or training procedure could have contributed to this accident, as could the policies that encourage drivers to remain on the road for as long as they can, which can result in a reduction in rest and sleep time and thereby increasing the risk of being involved in an accident.
If a road that is dangerous caused an accident, the government agency accountable for maintaining it may be held responsible. A knowledgeable truck accident lawyer can identify the appropriate agency and then hire a seasoned construction or maintenance contractor to look into the cause of the unsafe road and, if appropriate, to determine the cause. A knowledgeable attorney can also identify the multiple parties that could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents occur because of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were designed to withstand heavy usage and must be properly maintained and repaired to prevent failure. If something goes wrong it could leave the driver of a truck in a position to control the vehicle and may result in fatal or serious collisions. The trucking company, the manufacturer of parts, the parts dealer, or repair shop could all be responsible for defective truck parts and equipment.
When an accident occurs because of a defective piece of equipment or component, the injured party can seek compensation for both financial and non-economic losses. Economic damages are a combination of future and current medical expenses lost income, loss of earning capacity. Noneconomic damages include suffering and pain as well as traumatic brain injuries emotional distress, and traumatic brain injury. In certain circumstances, punitive damages may also be available to punish the defendant to prevent similar negligence from happening again in the future.
Even with the best efforts by trucking companies and drivers equipment malfunctions are a given. If this happens, it's crucial to identify the responsible parties to pursue compensation for your losses.
If you've been involved in a truck accident, the experienced attorneys at Burch Law Firm are able to assist. Contact us now to set up an appointment at no cost. Our lawyers will analyze your case, identify liable parties and fight to get the compensation you deserve. We can help you get the amount you need to pay for medical bills or lost wages, as well as physical or mental suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are available 24 hours per day and 7 days a week to take your call.
3. Unproperly Loaded Cargo
The cargo trucks transport on the roads may seem easy enough, but there are strict rules that loaders and drivers must follow in terms of stacking and securing their loads. Failure to follow these guidelines can lead to serious problems. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the most frequent causes of truck accidents.
The majority of these truck crashes result from cargo falling from the vehicle onto roads or other vehicles. This can be particularly risky due to the fact that the cargo may create an obstacle or cause a danger to the road, causing drivers to turn around or crash into it. It could also fall on pedestrians who are cycling or walking within the vicinity of the truck.
Based on the circumstances surrounding the accident, there may be multiple parties at fault. A driver who was negligent while loading his cargo may be held accountable under the legal theory of respondeat superior. However the trucking company that employs that driver might be liable as well, because it is liable for the actions of its employees under the principle of vicarious liability.
An experienced attorney for truck accidents can use police reports and professional investigators to determine what caused of an accident caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC attorney can help victims determine who they should file a claim for compensation against. A successful claim could result in a settlement or verdict that will provide victims with the funds they require to recover.
4. Road conditions that are unsafe
Trucking companies and their drivers are obliged to keep their trucks in good working condition, and when they fail to follow this they could cause serious accidents. The majority of trucks have mechanical components which need to be inspected and replaced to allow them to function properly. If this is not done, it could result in a dangerous and unsafe road.
The cause of truck crashes is caused by dangerous weather and road conditions. Due to their huge dimensions, trucks are more likely to be involved in crashes when they drive in adverse conditions or on roads that are wet. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration guidelines on the amount of time they can drive per day. These rules are designed to protect the public, but when truck drivers do not follow them to meet deadlines or to get more money from their employers, it puts the public at risk.
Unsafe road conditions can include slick pavement that stops tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues can be due to inadequate markings for lane lines, like broken or solid lines that confuse the driver on which lane they're in, and merging ramps that aren't long enough for large vehicles to safely change lanes.
If a car accident occurs due to poor road conditions, the trucking company or government agency that is responsible for maintaining the road could be held accountable for the accident. It is necessary to prove that the person who caused the accident violated their duty of care by causing hazardous conditions, and this may include negligent hiring, maintenance of the vehicle, and drug tests. California law permits victims to recover damages for medical bills and lost wages, as well as suffering and loss of quality life.
5. Accidents involving pedestrians
Truck accidents can be dangerous for pedestrians on the streets or even in their yards. Pedestrians typically have no protection from the massive size and weight of a large truck, and could suffer severe and often fatal injuries in these types of crashes.
In indianapolis truck accident lawsuit of cases an attorney for personal injury will pursue compensation from any party that was negligent. In some instances the responsible party could be the truck driver who crossed a red light and hit the pedestrian. However, in other cases it could be a trucking business that allowed the trucker to work longer than the law allowed, or failed to maintain the vehicle in a timely manner.
Accidents involving pedestrians and trucks are usually caused by drivers' inattention or apathy. While this type of accident is not uncommon in any car crash, it can be more dangerous due to the fact that truck drivers tend to be higher in their cabs, and have bigger blind spots that are difficult to discern.
A pedestrian who is injured in a truck crash can receive compensation for medical costs loss of earnings, discomfort and pain, and property damage. In some cases, if the plaintiff is determined to be partially accountable for the incident due to their own actions (such as not stepping over to the left side when the truck started to accelerate) the compensation they receive could be reduced according to. It is important to hire an injury lawyer who is knowledgeable and experienced to take care of your case. Contact us now to begin.
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